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Extracted Text (OCR)
78a
2d 406, 412 (S.D.N.Y. 2010) (citing Gaudin, 515 US. at
522-23).
The charged statements do not fall within this
narrow exception. Maxwell contends that the questions
did not relate to the sex trafficking and sexual abuse
allegations at the center of the civil case, but that is
not the legal standard. The Government may prevail if
it proves that Maxwell’s answers could have led to
the discovery of other evidence or could influence the
factfinder in the civil case. See Gaudin, 515 U.S. at 509;
Kross, 14 F.3d at 753-54. At trial, a reasonable juror
could conclude that truthful answers to the questions
may have permitted the plaintiff to locate other
victims or witnesses who could have corroborated the
plaintiff’s testimony. The factual disputes relating to
materiality are at least enough to preclude pretrial
resolution. In criminal cases, courts must guard
against “invading the ‘inviolable function of the jury’
in our criminal justice system,” and if the “defense
raises a factual dispute that is inextricably intertwined
with a defendant’s potential culpability, a judge cannot
resolve that dispute on a Rule 12(b) motion.” United
States v. Sampson, 898 F.3d 270, 281 (2d Cir. 2018).
The Court concludes that the perjury charges are
legally tenable and appropriately presented to the jury.
V. The perjury charges must be severed and tried
separately
Although the perjury charges are legally tenable, the
Court concludes that the interests of justice require
severing those counts and trying them separately.
Trying the perjury counts together with the Mann Act
counts would require admitting evidence of other
acts likely to be unduly prejudicial. It would also risk
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